How has the privative clause been interpreted in the context of an administrative tribunal case?
Manitoba, Canada
The following excerpt is from AOV Adults Only Video Ltd. v. Manitoba Labour Board, 2003 MBCA 81 (CanLII):
13 She then noted the evolution of the law and relied on the dicta in Blanchard v. Control Data Canada Limited., 1984 CanLII 27 (SCC), [1984] 2 S.C.R. 476 at 494-95: An unreasonable error of fact has been categorized as an error of law. … this error of law is then protected by the privative clause unless it is unreasonable. … An administrative tribunal has the necessary jurisdiction to make a mistake, and even a serious one, but not to be unreasonable. … An unreasonable finding is what justifies intervention by the courts. . . . . . … an unreasonable finding, whatever its origin, affects the jurisdiction of the tribunal. …
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